Suspended from work long term - what can be expected?

(8 Posts)
runfromwolves Fri 05-Oct-18 14:42:17

This isn’t the situation I am in (thankfully) but a close relative.

He has been suspended since mid-May, so obviously we are now fast approaching five months. This is the NHS.

Can anybody help? It’s tremendously stressful.

OP’s posts: |
Karmin Fri 05-Oct-18 14:53:05

Suspension of an employee is something an employer is usually entitled to do pending an investigation of gross misconduct or other serious disciplinary matter. So it depends on why he has been suspended.

A suspension should be for the shortest period of time whilst the investigation takes place, and you should be updated as to how long the suspension is likely to last. Indeed, the ACAS code of practice on disciplinary and grievance procedures states that suspension should be:

• as brief as possible;
• kept under review;
• not be used as a disciplinary sanction.

If your employer has suspended you without any reasonable grounds to do so or takes an inordinate amount of time in carrying out an investigation (without explanation) making it untenable for you to go back to work, then you may have a case for constructive dismissal. This may also apply if it proves impossible for you to properly defend yourself because you have been asked not to speak to other colleagues.

Your employer should review your suspension on a regular basis to determine whether or not it is still necessary, otherwise, this can also amount to a breach of the implied term of trust and confidence giving grounds for a constructive dismissal claim.

You could consider getting legal advice to discuss the possibility of some kind of settlement agreement.

runfromwolves Fri 05-Oct-18 16:03:20

Yes I know thanks ... I suppose what we are really wondering is how much longer can it drag on for.

OP’s posts: |
SassitudeandSparkle Fri 05-Oct-18 16:09:32

It is very difficult to say how long it will take, I've seen cases in the NHS take a lot longer tbh. I assume it is a paid suspension?

LondonLassInTheCountry Fri 05-Oct-18 16:12:01

suspension-nhs.org/

HoleyCoMoley Fri 05-Oct-18 16:13:36

Is he in a union, can they make some calls to find out where things are, what has been done, what is outstanding. Is he on full pay while being suspended, it must be really difficult not knowing what is happening, has he thought about what he will do once it's been resolved.

Livzzz Fri 05-Oct-18 19:56:31

I’m in a similar position but not with the NHS. I’ve been suspended for 6 months so far and I haven’t been told when the report will be finished. I really don’t know what to do - I love my job but my boss has lied and put me in this position, so I don’t know if I could work with him again. But I don't want him to have the satisfaction of me resigning from my dream job. My union rep wants me to put a grievance in about the whole process, but I'm so anxious and stressed that I'm worried it'll make my position worse.

redmaggie Wed 10-Oct-18 11:44:47

I've been a suspension with pay for a year now so totally understand how frustrating it is and trying to decide what to do about it

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